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Memorandum of Understanding Correctional Officers Bargaining Unit (N)

Table of Contents Page

PREAMBLE 1 DURATION 1 1. EMPLOYER-EMPLOYEE RIGHTS AND RESPONSIBILITIES 1.1 Management Rights 1 1.2 Labor-Management Committees 1 1.3 Employees’ Rights – Employer-Employee Relations 2 1.4 Discrimination in Employment Prohibited 2-3 1.5 SJCCOA Rights 3-4 2. INSURANCE 2.2 Effective Date of Coverage 4-5 2.3 Health Insurance Options 5 2.3.1 Health Insurance Premiums 5 2.3.3 Coverage for Surviving Dependents 5 2.4 Dental Insurance 5-6 2.5 Vision Insurance 6 2.6 Life Insurance 6 2.6.1 Additional Life Insurance 6

2.8 Flexible Benefits 6 2.9 Continuation of Insurance Benefits While on Leave of Absence 7

3. LEAVES FROM EMPLOYMENT 3.1 Vacation 6-8

3.2 Vacation Time for Illness 8 3.3.2 Sick Leave Usage 8 3.3.3 Sick Leave Exclusion 8-9 3.3.4 Sick Leave Verification 9 3.3.5 Sick Leave Abuse 9 3.3.6 Sick Leave Conversion 9 3.3.7 Sick Leave Incentive Program 9-10 3.4 Holidays 10 3.4.1 Regular Holidays 10 3.4.1.1 Regular Holiday-Weekend Observance 10-11 3.4.2 Regular Holiday Compensation 11 3.4.2.1 Regular Holiday Compensation – Regular Employees 11 3.4.2.2 Regular Holiday Compensation – 24 Hour Work Sites 11 3.4.2.4 Maximum Regular Holiday Accumulation 11 3.4.3 Floating Holidays 11 3.4.3.1 Floating Holiday Observance 11-12 3.4.3.2 Flexible Holidays 12

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3.4.3.3 Flexible Holiday Observance 12 3.4.4 Shift Designation 12

3.5 Bereavement Leave 12-13 3.7 Military Leave 13-14 3.8 Leave of Absence Without Pay 14 3.8.1 Medical Leave Without Pay 14 3.8.2 Pregnancy Disability Leave 14 3.8.3 Educational Leave 14 3.8.4 Personal Leave of Absence 14-15 3.8.5 Effect of Unpaid Leave of Absence on Other Leaves 15 3.9 Family Leave 15 3.9.1 State Family Leave 15 3.9.2 Federal Family Medical Leave Act 16 3.9.3 School Activities 16-17 3.10 Catastrophic Leave Program 17 3.10.1 Conditions of Participation 17 3.10.2 Processing of Donations 17-18 3.10.3 Treatment of Donated Time 18 3.11 Leave for Promotional Examinations 18 3.12 Effect of Re-Employment or Reinstatement on Leave Accrual Rates 18 3.13 Leave During Job Action 18-19 4. COMPENSATION

4.1 Salaries 19 4.2 Supplemental Pay 19 4.2.1 General 19 4.2.2 Special Assignment Supplement 19 4.2.3 Shift Differential 19-20 4.2.4 Standby Pay 20 4.2.5 Work Above Class 20 4.2.9 Correctional Officer Supplemental 20-21 4.2.12 Bilingual Pay 21 4.2.13 Supervisor Supplement 21 4.3 Paycheck Exceptions 21 4.4 Mileage and Travel Expenses 21-22 4.4.2 Parking Supplement Downtown 22 4.5 Deferred Compensation Contribution 22 4.6 Severance Pay 22-23 4.7.1 Longevity Pay 23

5. DAYS AND HOURS OF WORK-OVERTIME

5.1 Work Week 23 5.2 Working Hours 23 5.3 Overtime 23-24 5.4 Overtime Exception 24 5.5 Call-Back Overtime 24 5.5.1 Definition 24

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5.5.2 Compensation 24 5.6 Compensation for Overtime 24-25 5.7 Meal and Rest Periods 25 5.7.1 Rest Periods 25 5.7.2 Meals During Overtime 25 5.8 Alternative Schedules 25 5.8.1 Flex Hours 25-26 5.8.2 Job Sharing 26 5.8.2.1 Conditions of Participation 26-27 5.10 Jury and Witness Duty 27 5.10.1 Jury Duty 27 5.10.2 Witness Duty 27

5.11.1 Reassignment 28 6. SALARY ADMINISTRATION

6.1 Salary Upon Appointment 28 6.2 Step Increases 28 6.2.1 Regular Employees 28-29 6.3 Step Increases Withheld 29 6.4 Salary Step on Promotion 29 6.5 Order of Adjustments 29 6.6 Salary Step on Demotion 29 6.7 “Y” Rates 30

8. RETIREMENT 30 8.0 Retirement Tier and Eligibility 30 8.1 Retirement Formula 30-31 8.2 Retirement Age and Service 31 8.2.1 Retirement Benefits – Final Compensation Period 31 8.3 Retirement Contributions 31-32 8.3.1 Retirement Contributions 32 8.4 Retirement-Sick Leave Conversion 32-33 8.5 Retirement Death Benefits 33 8.6 Retirement Information 33 8.7 Retirement Buy Back 33 8.8 Post Employment Health Benefit Defined Contribution 33-34

9. TRAINING AND EDUCATION 9.1 In-Service and Job Related Training 34 9.2 Driver Training 34 9.3 Educational Reimbursement Program 34

10. WORKER’S COMPENSATION AND EMPLOYEE SAFETY

10.1 Worker’s Compensation 34-35 10.2 Worker’s Compensation Leave 35

10.3 Safety Equipment 35 10.4 Physical Examinations 35

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10.5 Disputes Involving Safety Issues 35-36 10.6 Safety Committee 36 11. EVALUATIONS AND PERSONNEL FILES

11.1 Employee Performance Evaluations 36 11.1.1 Performance Evaluations and Workload 36-37 11.2 Probationary Evaluations-Notice 37 11.3 Employee Personnel Files 37 11.4 Letters of Reprimand 37

12. EMPLOYEE LIABILITY 38 13. EMPLOYEE PROPERTY AND EQUIPMENT

13.1 Replacement of Damaged Property 38 13.2 Uniform Allowance 38

14. LAYOFFS

14.1 Notice 38

15. SUBSTANCE ABUSE REFERRALS 38-39 16. GRIEVANCE PROCEDURE

16.1 Definitions 39 16.2 Purpose/Rights 39 16.3 Filing Deadline 39 16.4 Grievance Processing 40

17. COMPLAINT PROCEDURE

17.1 Definitions 40-41 17.2 Purpose/Rights 41 17.3 Filing Deadline 41 17.4 Complaint Processing 41-42

18. ADVISORY ARBITRATION 42

19. DISCIPLINARY ACTIONS

19.1 Applicability 42 19.2 Request for Hearing 42-43 19.3 Rights of Access 43 19.4 Representation 43 19.5 Conduct of Skelly Hearing 43 19.6 Order of Disciplinary Action 43 19.7 Appeal of Order of Disciplinary Action 43

20. SUPERSESSION AND MODIFICATION CLAUSE 43-44

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MEMORANDUM OF UNDERSTANDING

- - - - - -

CORRECTIONAL OFFICERS BARGAINING UNIT

PREAMBLE:

This Memorandum of Understanding, hereinafter referred to as "Memorandum", is made by

and between the County of San Joaquin and the San Joaquin County Correctional Officers

Association, hereinafter referred to as "SJCCOA” or "Association", representing employees who are

members of the Correctional Officers bargaining unit. This Memorandum of Understanding

constitutes the result of meeting and conferring in good faith pursuant to the California Government

Code and the San Joaquin County Employer-Employee Relations Policy.

DURATION:

This Memorandum shall be in effect from the date of adoption by the Board of Supervisors

through March 31, 2022.

1. EMPLOYER-EMPLOYEE RIGHTS AND RESPONSIBILITIES

1.1 Management Rights

SJCCOA and the County of San Joaquin recognize that it is the exclusive right of the

County except as may be provided otherwise by Civil Service Rules, this Memorandum of

Understanding, or the Employer-Employee Relations Policy to make all decisions of a managerial

or administrative character, including but not limited to:

(a) Hire, promote, transfer, assign, classify positions, retain employees, and to

suspend, demote, discharge or take disciplinary action against employees.

(b) Lay off or demote employees from duties because of lack of funds, in the

interest of economy, or other legitimate reasons.

(c) Determine the policies, standards, procedures, methods, means and

personnel by which County operations are to be conducted.

(d) Take whatever actions may be necessary to carry out the mission of the

County in situations of emergency.

(e) Nothing in this Memorandum shall be construed to interfere with the

County's right to manage its operations in the most economical and efficient manner

consistent with the best interests of all the citizens of San Joaquin County.

1.2. Labor - Management Committees

The County and SJCCOA shall establish committees comprised of labor and management

representatives to deal with specific areas of concern as specified by separate letter.

A-18-74

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1.3. Employees' Rights - Employer-Employee Relations

SJCCOA and the County of San Joaquin recognize that each employee shall have the

following rights which he/she may exercise in accordance with this Memorandum, Employer-

Employee Relations Policy, applicable law, ordinances and rules and regulations:

(a) The right to form, join, and participate in the activities of any labor

organization of his/her own choosing for the purpose of representation on all matters

within the scope of representation.

(b) The right to be free from interference, intimidation, restraint, coercion,

discrimination, or reprisal on the part of the County, other employees or employee

organizations, with respect to his/her membership or non-membership in any employee

organization or with respect to any lawful activity.

(c) The right to refuse to join or participate in the activities of any employee

organization.

(d) The right to represent himself/herself individually in his/her employee

relations with the County.

The Union or any employee or group of employees who has a complaint regarding the

exercise of rights under this provision may file charges in writing with the Board of Supervisors and

serve the charged party in accordance with Section 13 of the Employer-Employee Relations Policy.

1.4. Discrimination in Employment Prohibited

No employee, or applicant for employment, shall be discriminated against in any aspect

of employment because of age, ancestry, color, creed, marital status, medical condition (cancer or

genetic characteristics), national origin, physical or mental disability, political affiliation or belief,

pregnancy, race, religion, sex, or sexual orientation as outlined in Civil Service Rule 20.

Any employee who believes he or she has been harassed or discriminated against

because of any of the above reasons, may bring the matter to the attention of the supervisor or may

consult with his or her departmental Equal Employment Opportunity Coordinator. The initial

contact should be made as soon as possible, but no later than 60 days after the alleged act of

discrimination or harassment occurred.

The Department Equal Employment Opportunity Coordinator shall process the

complaint in accordance with Civil Service Rule 20, Section 3 Informal Complaint Process.

San Joaquin County shall comply with the provisions of the Americans With

Disabilities Act (ADA). Individuals requesting reasonable accommodation under the ADA shall

make a request in writing to their supervisor or manager, supported by medical documentation

provided by an approved medical physician. The request shall identify the specific accommodation

required and the anticipated duration needed for the accommodation. The manager or supervisor

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shall meet with the employee to confirm any documentation or verification received in compliance

with the ADA. The manager or supervisor shall respond to the written request in writing within 10

days of receipt of supplemental materials. Any such documentation which discloses employee

medical information, shall be provided directly to the Human Resources Disability Management

Unit. The manager or supervisor shall respond to the written request in writing within 10 days of

receipt of supplemental materials. The County ADA Coordinator in Human Resources shall be

consulted if any dispute arises in regard to an ADA accommodation.

1.5. SJCCOA Rights

SJCCOA shall have the following rights:

(a) REPRESENTATION: Upon request, to meet and confer in good faith with

appropriate levels of County management regarding matters within the scope of representation.

(b) ADVANCE NOTICE: Except in cases of emergency, SJCCOA shall be given

reasonable advance written notice of any ordinance, resolution, rule or regulation, proposal or other

action directly relating to matters within the scope of representation proposed to be adopted by the

County and shall be given the opportunity to meet and confer in good faith with management prior

to its adoption. Written notice will customarily be provided by furnishing SJCCOA with advance

copies of the agenda of the Board of Supervisors and Civil Service Commission meetings.

In cases of emergency when County management determines that an ordinance,

resolution, rule or regulation must be adopted immediately without prior notice or negotiations with

the Union, County management shall provide such notice and opportunity to negotiate at the earliest

practicable time following the adoption of such ordinance, resolution, rule or regulation, proposal,

or other action.

(c) REPRESENTATIVES - MEETING ATTENDANCE: SJCCOA may have a

reasonable number of employees who serve as official representatives released from work without

loss of compensation when meeting and conferring with management representatives where matters

within the scope of representation are being considered. SJCCOA shall submit a request for such

release and shall include therewith a listing of such employees including their titles and departments

to the management representative and departments concerned in advance of the meeting. The use of

County time for this purpose shall not be excessive, nor shall it unreasonably interfere with the

performance of County services as determined by the County. The reasonableness of the number of

such employees shall be the subject of negotiation.

(d) REPRESENTATIVES ACCESS TO EMPLOYEES:

(1) Authorized representatives of SJCCOA shall be allowed reasonable access to

employees of the unit at their work locations during the working hours of the employees

concerned for the purpose of discussing matters within the scope of representation,

including but not limited to the processing of grievances and complaints and distributing

materials and information provided that the work of the employee and the service to the

public are not unduly impaired. The authorized representative shall give advance notice to

the department head when contacting departmental employees during their duty period.

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(2) Reasonable solicitation for membership or other internal Association

business or campaigning shall be conducted only during the non-duty hours of all

employees concerned, so long as normal work functions of County are not interfered with.

(e) SJCCOA - COUNTY FACILITIES USE: County facilities shall be available to

SJCCOA as follows:

(1) County Buildings: SJCCOA may be granted the use of County facilities for

meetings composed of County employees within the bargaining unit provided space can be

made available without interfering with County needs. SJCCOA shall obtain the permission

of the designated County official for the use of such facilities.

(2) Bulletin Boards: SJCCOA has the right to the reasonable use of existing

bulletin board space in each building or department at a location agreed upon by the

Association and the department, under the following conditions:

(a) Material shall be posted on space as designated.

(b) Posted material shall bear the name of the Association.

(c) Posted material shall not be misleading, contain any deliberate

misstatements or violate any Federal, State or County laws.

(d) Material shall be neatly displayed and shall be removed when no longer

timely.

(f) EMPLOYEE PAYROLL DEDUCTIONS: SJCCOA shall have the exclusive right

to payroll deduction for its members in this unit including regular dues and employee benefit

program costs. Regular dues and employee benefit program costs may be deducted from the

employee's individual paycheck. Except as otherwise provided in this Memorandum, payroll

deductions shall be made only upon the revocable written authorization of the individual employee.

A continuation of SJCCOA payroll deductions, without resigning a payroll

deduction card, shall be allowed after an employee returns from a leave of absence.

(g) ASSOCIATION RELEASE TIME: SJCCOA representatives shall be allocated a

total of two hundred (200) hours for Association business for this bargaining unit for each 365-day

period or part thereof under this Memorandum. The Association shall pay to the County the cost of

such representatives' County salary for this period in cash or method to be agreed upon by the

Human Resources Division and SJCCOA.

2. INSURANCE

2.2. Effective Date of Coverage

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The effective date of coverage for new employee members in the health, dental, and vision

insurance plans provided employees shall be the first day of the first bi-weekly pay period next

following the date of appointment to employment as a regular employee or as a contract or part-time

employee, who, by such contract or part-time provisions, is eligible for the stated insurance

coverage.

2.3 Health Insurance Options

The County shall continue to provide an option for health insurance coverage for

eligible employees and dependents in one of several plans. The plans shall, at a minimum,

include a PPO and an HMO plan. The County may, at its sole option, modify the number and

type of plans available, and the plan design, subject to prior notice. Health plans offered to

employees may be either self-funded by the County or fully insured. If any plan is self-funded, a

plan document shall be adopted by the Board of Supervisors.

2.3.1 Health Insurance Premiums

The County will contribute 80% of the employee-only premium for Select and Kaiser and

the employee will contribute 20% of the premium. For employees electing the Premier Plan, the

County shall contribute at the same coverage level as the Select Plan County contribution and the

employee. shall pick up the difference between the County contribution and the full rate.

The County will pay 80% of the dependent premium (employee plus one, and employee

plus family) for Select and Kaiser and the employee shall pick up 20% of the premium. For

employees electing the Premier Plan, the County shall contribute at the same coverage level as the

Select Plan County contribution and the employee shall pick up the difference between the County

contribution and the full rate.

For any new plan options, the County will pay 80% of the premium and the employee

shall pay 20% of the premium for employees electing the PPO or HMO plan at all tier levels (

employee only, employee plus one, employee plus family)'. If an expanded PPO plan is

implemented, the County shall contribute at the same coverage level as the PPO plan County

contribution and the employee shall pick up the difference between the County contribution and the

full rate.

2.3.3. Coverage for Surviving Dependents

Consistent with the Federal Consolidated Omnibus Budget Reconciliation Act of 1986

(COBRA), surviving dependents of any County employee who is covered by County-offered health

insurance and who dies while employed, whether in paid or unpaid status, shall be allowed to retain

their dependents' coverage, provided that the dependents elect COBRA coverage and pay their

applicable premiums by the due date.

2.4. Dental Insurance

The County shall provide an option for dental insurance coverage for eligible employees

and dependents in either the Delta Dental or the Pacific Union Dental dental plans. The County

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shall pay the employee-only premium and any increases thereof for the term of this

memorandum. Dependent dental coverage is available in either of the two plans at the

employee's expense. The maximum annual Delta Dental benefit per person shall be $3,000.

Orthodontia coverage for dependents up to the age of 18 will be available through the Delta

Dental plan for employees electing dependent coverage. The plan will pay 50% of actual costs.

The maximum amount of orthodontia coverage for dependents is $1200 per dependent lifetime.

2.5. Vision Insurance

The County shall provide vision insurance coverage for eligible employees under the Vision

Service Plan for the life of this agreement. The County shall pay the employee-only premium and

any increases thereof for the term of this memorandum. Dependent vision coverage, at the

employee’s expense, is available to regular employees.

2.6. Life Insurance

The County shall provide each eligible employee, with life insurance coverage as follows:

(a) At least one but less than three continuous years of service

-- $1,000.

(b) Three but less than five continuous years of service -- $3,000.

(c) Five but less than ten continuous years of service -- $5,000.

(d) Ten continuous years of service or more -- $10,000.

For the purposes of this subsection only, a year is defined as twelve (12) consecutive

calendar months of employment.

2.6.1. Additional Life Insurance

Regular employees at the rank of Sergeant in this unit shall be provided with a County-

paid term life insurance policy with a face value of $50,000. The policy shall include a double

indemnity accidental death and dismemberment provision.

Eligible employees in this unit shall have the option to purchase additional term life

insurance in increments of $25,000 to a maximum of $200,000 at the County's rate.

2.8. Flexible Benefits

Employees in this bargaining unit shall have the option to participate in a flexible benefit

program (as allowed and prescribed by Section 125 of the Internal Revenue Code and applicable

IRC sections and regulations) which permits the pre-taxing of insurance premiums,

reimbursement of eligible dependent care costs, and un-reimbursed healthcare expenses with pre-

tax dollars.

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2.9. Continuation of Insurance Benefits While On Leave of Absence

When an employee is on an authorized leave of absence without pay, the employee shall be

allowed at the employee's own expense to remain under the health, dental, vision, and life insurance

coverage for up to twenty-six (26) bi-weekly pay periods provided that such employee shall pay the

applicable premiums at least two (2) weeks prior to the premium due date. Specific arrangements

for such coverage shall be made with the Human Resources Division.

Regular employees on payroll for less than forty-one (41) hours in any given pay period

will be responsible for paying the premiums necessary to continue their health, dental, vision,

and life insurance coverage.

3. LEAVES FROM EMPLOYMENT

3.1. Vacation

Except as specified below, regular employees in this unit shall accrue and accumulate

vacation according to the following schedule:

(a) (b) (c) (d) (e)

hours on

payroll equal

to # of full hourly maximum approx. maximum

continuous accrual bi-weekly hours accumul.

bi-weekly rate accrual annual hours

payroll hours accrual

periods

less than 78 .0385 3.080 80 160

78, but less .0577 4.616 120 240

than 260

260, but less .0770 6.160 160 320

than 520

520 or more .0885 7.080 184 368

Whenever an employee's accumulation of vacation reaches its maximum as provided above,

any further vacation accrual shall be credited to such employee's sick leave accumulation until such

time as the employee's vacation accumulation falls below the maximum allowed.

Leave without pay or disciplinary suspension shall delay the advancement to the next higher

accrual rate until the employee has been on payroll the number of pay periods specified above.

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Each department head shall make every possible effort to ensure that vacation time off

requested by an employee is utilized at times which are mutually agreeable to the employee and the

department; however, the department head has final authority to grant or deny such request.

3.2. Vacation Time For Illness

An employee may choose to use accrued vacation or compensatory time, if any, if the

employee is absent beyond the limits of accumulated sick leave for reasons of illness, injury or

quarantine, or death in the immediate family as described in Section 3.3.2.

3.3.2. Sick Leave Usage

Subject to the conditions specified in this memorandum sick leave may be authorized for

any of the following reasons:

(a) Illness, injury or quarantine of the employee;

(b) Medical, dental or optical care of the employee;

(c) Illness, injury or quarantine of a member of the employee's immediate family which

requires the employee to tend, care for, or otherwise provide for the care of such person,

up to a maximum of eighty (80) hours in a fiscal year.

For the purpose of this Section, "immediate family" means the spouse, domestic

partner, child, parent, sibling, grandparent or grandchild of the employee; or the child,

parent, sibling, grandparent or grandchild of the employee's spouse domestic partner.

(d) Illness, injury or quarantine during an authorized vacation or on a floating holiday

as evidenced by satisfactory proof attesting to the nature and length of disability. Sick

leave for non-emergency medical, dental, or optical care during an authorized vacation

or on a floating holiday period is not permitted.

(e) An amount sufficient which, when added to an employee's disability indemnity

under Worker's Compensation, will result in a payment to the employee not more than

the employee's regular salary.

(f) An amount sufficient which, when added to an employee's disability indemnity

under State Disability Insurance (if applicable), will result in a payment to the employee

not more than the employee's regular salary.

3.3.3. Sick Leave Exclusion

No employee shall be entitled to sick leave because of any of the following:

(a) Disability arising from any illness or injury purposely self-inflicted or caused by

the employee's misconduct;

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(b) Illness, injury quarantine or disability while on leave without pay;

(c) An employee who is scheduled to work on a regular holiday who is absent on

that holiday due to illness, injury, or quarantine shall not be permitted to use sick leave

but shall be deemed to have used the regular holiday.

3.3.4. Sick Leave Verification

Employees absent from work because of illness, injury, or quarantine, or for non-emergency

medical, dental or optical care shall be paid only upon furnishing the appointing authority or

designee with satisfactory proof as may be required by the appointing authority or designee that the

absence was due to such cause. The requirement, need and form for such verification shall be made

known to the employee in advance of any absence, but no later than the time the employee calls in

sick. An appointing authority shall not require "after the fact" verification.

3.3.5. Sick Leave Abuse

Upon information and after investigation and the determination of the Director of Human

Resources that an employee has abused the privilege of sick leave benefits, the Director may

suspend the employee's privilege of sick leave accrual and/or usage with pay for such period as the

Director determines necessary to deter the employee from again abusing the privilege.

3.3.6. Sick Leave Conversion

This Article applies to all employees hired on or prior to August 27, 2001.

Employees must have one hundred sixty hours (160) of sick leave remaining on the books at

the time of retirement to be eligible for this benefit.

Upon separation from employment and concurrent assumption of a retired status in the San

Joaquin County Employees Retirement Association, each employee from this unit shall use his/her

sick leave balance to implement Section 8.4 of this Memorandum.

Any amount received from conversion of sick leave under this Section shall not be

considered compensation for purposes of contributions to, or benefits from, the San Joaquin County

Employees Retirement Association. Such cash conversion amount shall be paid when the employee

first receives monetary allowances from such Retirement Association.

3.3.7. Sick Leave Incentive Program

In an effort to reduce the level of sick leave usage, the County agrees to the following sick

leave incentive plan.

(1) CONDITIONS OF PARTICIPATION: An employee must be on payroll with

the County during the entire calendar year to be eligible for incentive rewards.

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(2) QUALIFICATIONS AND REWARDS: Eight (8) hours of administrative

leave will be granted to an employee who, at the end of each calendar year, has a sick leave balance

which equals at least one half of the cumulative amount that the employee was eligible to accrue

based on years of service.

(3) DEFINITIONS: Administrative Leave - For the purposes of this program,

administrative leave will be granted at the beginning of the calendar year which follows the year in

which it was earned. Furthermore, this leave will have no cash conversion value and can only be

taken during the year in which it was granted. Should the leave not be used during that calendar

year, it will be lost. Scheduling of this time off shall be consistent with the procedures for

scheduling compensatory or vacation time. In all instances, it shall require mutual agreement of the

employee and the department head or designee.

3.4. Holidays

3.4.1. Regular Holidays

The following days are established as regular holidays for regular employees and

eligible part-time employees:

(a) January 1 - New Year's Day

(b) The third Monday in January - Martin Luther King, Jr.'s Birthday.

(c) The third Monday in February - Washington's Birthday.

(d) The last Monday in May - Memorial Day.

(e) July 4 - Independence Day.

(f) The first Monday in September - Labor Day.

(g) November 11 - Veteran's Day.

(h) Any November day designated as Thanksgiving Day.

(i) The Friday following the day designated as Thanksgiving Day.

(j) December 25 - Christmas Day.

(k) All other holidays as may be proclaimed by the Governor of the State of

California or the President of the United States and adopted by the Board of

Supervisors.

3.4.1.1 Regular Holiday – Weekend Observance

When a regular holiday falls on a Saturday, the preceding Friday shall be observed as a

floating holiday.

With the exception of employees who work in a seven (7) day per week work site,

when a regular holiday falls on a Sunday, the following Monday shall be observed as the holiday.

For employees who work in a seven (7) day per week work site, when a regular holiday falls on a

Sunday, the regular holiday shall be observed on Sunday.

Notwithstanding provisions of the County ordinance relating to regular holidays that fall

on a Saturday, employees who are scheduled to work and who work on a regular holiday that

falls on a Saturday shall be compensated in accordance with Section 3.4.2.1 of this

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Memorandum of Understanding. When an employee is scheduled to work and works on a

regular holiday that falls on a Saturday, the preceding Friday is not observed as a floating

holiday.

3.4.2 Regular Holiday Compensation

3.4.2.1 Regular Holiday Compensation - Regular Employees

Any regular employee whose regularly scheduled day off falls on a regular holiday shall be

entitled to accrue eight (8) hours of regular holiday time.

In addition to regular salary, any regular employee who is required to work on a regular

holiday shall have the option of being compensated for the hours worked on such holiday by: (1)

cash payment at the rate of one and one-half (1-1/2) times such employee's hourly base salary, or (2)

the accumulation of regular holiday time at the rate of one and one-half (1-1/2) hours for each hour

worked.

3.4.2.2 Regular Holiday Compensation - 24 Hour Work Sites

Employees who work in a seven (7) day per week work site and work only on the Monday

following the actual holiday shall receive eight (8) hours of straight time pay plus eight (8) hours

accrual of floating holiday time. Employees who work both days shall receive premium

compensation for Sunday only.

3.4.2.4 Maximum Regular Holiday Accumulation

The maximum regular holiday time accrual shall be sixty (60) hours. Such regular

holiday time off shall be scheduled at a time mutually agreeable to the employee and the department

head.

3.4.3 Floating Holidays

The following days are established as floating holidays for regular employees:

(a) Each regular employee's birthday.

(b) February 12 - Lincoln's Birthday.

(c) September 9 - Admission Day.

(d) The second Monday in October - Columbus Day.

(e) The Friday preceding any regular holiday which falls on a Saturday.

Employees hired after January 29, 2013 shall not be eligible for floating holidays as described

above except (e).

3.4.3.1 Floating Holiday Observance

Regular employees may individually, with the approval of the department head, take such

holiday on the date of the holiday, on the day preceding the holiday in the case of holidays which

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fall on a Saturday, or the day following the holiday in the case of holidays which fall on a

Sunday, or may accumulate up to forty eight (48) hours of floating holiday time to be used at a

deferred date. Such floating holiday time off shall be scheduled at a time mutually agreeable to

the employee and the department head. County offices and departments shall remain open for

business on any day deemed to be a floating holiday and employees who elect to accumulate

floating holiday time shall receive their regular compensation for working on the holiday. Any

regular employee whose regularly scheduled day off falls on a floating holiday shall accrue floating

holiday time as provided in this Section.

3.4.3.2 Flexible Holidays

Each fiscal year, effective July 1, 2021, the following days are established as flexible holidays

for regular full-time employees hired after January 29, 2013:

(a) Each regular employee’s birthday

(b) September 9 – Admission Day

(c) The second Monday in October – Columbus Day

(d) February 12 – Lincoln’s Birthday

3.4.3.3 Flexible Holiday Observance

Regular full-time employees may individually, with the approval of the department head,

take such flexible holiday on the date of the holiday, on the day preceding the holiday in the case

of holidays which fall on a Saturday, or the day following the holiday in the case of holidays

which fall on Sunday, or may accumulate up to thirty-two (32) hours of flexible holiday time to

be used at a deferred date, within the fiscal year. Hours accrued shall not be carried over beyond

the end of the fiscal year and have no cash value. Such flexible holiday time off shall be

scheduled at a time mutually agreeable to the employee and the department head. County offices

and departments shall remain open for business on any day deemed to be a flexible holiday and

employees who elect to accumulate flexible holiday time shall receive their regular

compensation for working on the holiday.

Any regular full-time employee whose regularly scheduled day off falls on a flexible

holiday shall accrue flexible holiday time as provided in this Section.

3.4.4 Shift Designation

For the purposes of this Section, the night shift of the calendar day preceding the actual date

of the regular holiday shall be considered Shift #1, the day shift of the regular holiday shall be Shift

#2 and the p.m. shift of the regular holiday shall be Shift #3.

3.5 Bereavement Leave

Regular employees, and part-time employees with benefits, who suffer a death in their

"immediate family" as such term is described in Section 3.3.2. may be allowed to be absent with

pay for three (3) consecutive County work days for each family member who dies. Part-time

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employees with benefits are compensated only for those days they were scheduled to work within

the three consecutive day period.

In addition, employees may use an additional two (2) days of accrued leave for travel

necessitated by the death if the distance traveled is in excess of 300 miles each way. Accrued leave

for this purpose may be regular or floating holiday time, compensatory time or vacation time. Sick

leave may only be used if the employee has no other accrued leave.

3.7 Military Leave

The following procedures and restrictions shall apply to military leave:

(a) To be eligible for paid military leave, an employee must have at least twelve

(12) months of qualifying service immediately prior to the leave. Qualifying service is

continuous and consecutive County service or recognized military service. Recognized

military service is defined as full-time service in the armed forces during a national or state

emergency. Generally, recognized military service would be that during World War II, the

Korean War, the Vietnam Conflict, or any conflict for which an expeditionary medal was

awarded. This time requirement does not apply to declared emergency situations. Under

such emergencies, any employee ordered to active duty is eligible for paid temporary

military leave.

(b) Declared emergency situations. Under such emergencies, any employee ordered

to active duty is eligible for paid temporary military leave.

(c) Temporary military leave with pay can be authorized for eligible employees

only when they are ordered to active duty.

(d) Weekend drills are not active duty. Departments will make reasonable attempts

to change an employee's schedule to allow for off-duty attendance at monthly drills. If such

accommodation is not possible, the employee may use leave as specified in (h).

(e) A copy of the employee's order to active duty must accompany any military

leave with pay.

(f) Paid temporary military leave can be authorized for a maximum of thirty (30)

calendar days in each fiscal year.

(g) In calculating leave, holidays (floating or regular) which occur during an

employee's military leave will be charged as holidays used rather than military leave.

(h) All other calendar days encompassed by the order will be counted as military

leave whether normally scheduled days or days off.

(i) Employees will not be denied the right to use leave to attend active or inactive

military duty. If the employee is not eligible for temporary military leave with pay, the

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employee may request a leave of absence without pay or use accrued vacation, holiday, or

compensatory time off.

(j) The total amount of temporary military leave, paid and unpaid, may not exceed

180 calendar days in one year.

3.8 Leave of Absence Without Pay

In accordance with Civil Service Rule 12, leaves of absence may be granted to regular

employees for any of the following reasons:

1) Medical illness or disability not covered by accrued leave.

2) Maternity/Pregnancy.

3) Personal reasons.

4) Education or training.

3.8.1 Medical Leave Without Pay

Medical Leave Without Pay may be granted to probationary or permanent employees by the

department head. Requests must be submitted with a statement from a California licensed physician

stating the nature of the disability and the estimated duration of the disability. A medical leave may

be granted for a maximum of one year; (extensions may be possible, usually pending disability

retirement). A leave of over 30 days must be approved by the Director of Human Resources.

3.8.2 Pregnancy Disability Leave

Pregnancy disability leave without pay shall be granted to temporary, contract, and regular

employees in accordance with state and federal laws. Leave for medical reasons shall be granted

with a physician's statement, and employees may use sick leave or other accrued leave in

accordance with Section 3 of this Memorandum.

Current law provides up to 16 weeks leave for pregnancy disability. Employees may also be

eligible for an additional 12 weeks of leave under CFRA Section 3.9.1. of this Memorandum. The

County will comply with any state or federal law and reserves any rights of restrictions.

3.8.3 Educational Leave

Educational Leave without pay may be granted to permanent employees by the department

if the leave furthers the department's goals and the employee's last performance evaluation was at

least satisfactory. Initially, leave of up to one (1) year may be granted and may be extended up to an

additional year.

3.8.4 Personal Leave of Absence

Personal Leave of Absence may be granted to a permanent employee by the department

head for reasons acceptable to the department head. The employee's last performance evaluation

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must be at least satisfactory. Leave may initially be granted for up to one (1) year and may be

extended up to an additional year.

Forms for request of leave of absence are maintained in each department. Requests for

leave of absence shall be submitted sufficiently in advance of the proposed effective date to permit

the department head and the Director of Human Resources to take action prior to that date.

3.8.5 Effect of Unpaid Leave of Absence on Other Leaves

No employee who has been granted a leave of absence without pay shall accrue any

vacation, sick leave or holiday during the time of such leave nor shall such time count toward

gaining permanent status.

3.9 FAMILY LEAVE

3.9.1 State Family Leave

In accordance with State law, any employee with more than 12 months of service with the

County and who has worked a minimum of 1250 hours in the 12 months prior to the start date of the

leave, may take a family care leave of up to twelve (12) weeks or 480 hours in a 12-month period.

An employee who takes such family care leave shall be returned to employment in the same or

comparable position upon return from said leave.

Family care leave may be utilized in conjunction with the birth of a child of the employee,

the placement of a child with an employee in connection with the adoption or foster care placement

of the child, for the serious medical condition or illness of the employee, or to allow the employee to

care for a parent, spouse, domestic partner, or child who has a serious health condition.

For the purposes of this Section, the terms "employment in the same or a comparable

position", "child", "parent", and "serious health condition" are as defined in Section 12945.2 of the

Government Code.

The reasonable advanced notice, scheduling and certification requirements of 12945.2 (h)

(i), G), and (k) shall also apply.

An employee who takes family care leave shall be required to use accrued vacation,

compensatory time, floating holiday and regular holiday time during such leave. In accordance with

County regulations governing the use of sick leave, the employee may also use accrued sick leave

time. An employee on State Disability Insurance shall not be required to use more leave than is

necessary, in conjunction with SDI, to receive a full paycheck.

An employee who takes family care leave in an unpaid status shall be eligible for fringe

benefit on the same terms as an employee on any other unpaid leave of absence.

For issues related to illness, this section applies to medical leaves of absence that meet the

definition of a "serious health condition" as defined in Section 12945.2 of the Government Code or

Section 29 CFR 825.113 of the Family and Medical Leave Act.

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3.9.1 State Family Leave

In accordance with State law, any employee with more than 12 months of service with the

County and a minimum of 1250 hours on payroll in the 12 months prior to the start date of the

leave, may take a family care leave of up to twelve (12) weeks or 480 hours in a 12-month period.

An employee who takes such family care leave shall be returned to employment in the same or

comparable position upon return from said leave.

Family care leave may be utilized in conjunction with the birth of a child of the employee,

the placement of a child with an employee in connection with the adoption or foster care placement

of the child, for the serious medical condition or illness of the employee, or to allow the employee to

care for a parent, spouse, domestic partner, or child who has a serious health condition.

For the purposes of this Section, the terms "employment in the same or a comparable

position", "child", "parent", and "serious health condition" are as defined in Section 12945.2 of the

Government Code.

The reasonable advanced notice, scheduling and certification requirements of 12945.2 (g),

(h), and (i) shall also apply.

An employee who takes family care leave shall be required to use accrued vacation,

compensatory time, floating holiday and regular holiday time during such leave. In accordance with

County regulations governing the use of sick leave, the employee may also use accrued sick leave

time. An employee on State Disability Insurance shall not be required to use more leave than is

necessary, in conjunction with SDI, to receive a full paycheck.

An employee who takes family care leave in an unpaid status shall be eligible for fringe

benefit on the same terms as an employee on any other unpaid leave of absence.

For issues related to illness, this section applies to medical leaves of absence that meet

the definition of a “serious health condition” as defined in Section 12945.2 of the Government

Code or Section 29 CFR 825.114 of the Family Medical Leave Act.

3.9.2 Federal Family and Medical Leave Act

San Joaquin County will comply with the Federal Family and Medical Leave Act,

maintaining all rights and provisions that are permitted by the Federal Family and Medical Leave

Act.

3.9.3 School Activities

The County of San Joaquin shall comply with any federal or state law requiring an employer

to grant time off to participate in a child's school activities. Current state law provides that parents

may take up to 40 hours per year, but not more than eight (8) hours per month, to participate in their

children's school activities. Current state law provides that at the request of the employer the

employee shall provide documentation as proof of the employees’ participation in their

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children’s school activities on a specific date and at a particular time. For purposes of this section

“documentation” means whatever written verification of parental participation the school or

licensed child day care facility deems appropriate and reasonable. Employees working a shift

greater than eight (8) hours per day may take one full shift per month, subject to the 40 hour

maximum. An employee may take unpaid leave or may use accrued vacation, compensatory, or

floating holiday.

3.10. Catastrophic Leave Program

3.10.1. Conditions of Participation

Applications for receipt of catastrophic leave donations will be processed by the San

Joaquin County Correctional Officers Association (S.J.C.C.O.A.)

(a) A County employee becomes eligible to receive catastrophic leave

donations when the following two (2) conditions both occur:

(1) The employee has exhausted, or will soon

exhaust all his/her accrued leave, as a result

of a verifiable long-term illness or injury

suffered by either the employee or an

immediate family member, as defined in

San Joaquin County Ordinance Code

Section 2-5230.

(2) The employee has received approval for an

unpaid leave of absence from his/her

Department Head.

(b) Employees may donate accrued vacation, compensatory

time or holiday time; sick leave may not be donated.

(c) Donations may be made in whole hour increments from a

minimum of four (4) to a maximum of sixteen (16) hours

per donor in each donation period.

(d) Donors must have an overall leave balance of 80 hours

remaining after donated time has been deducted.

(e) Once donated to an individual, donated leave cannot be

reclaimed by the donor.

3.10.2 Processing of Donations

Upon receipt of donation authorizations, the Auditor-Controller shall take the following

actions:

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(a) Verify that donating employee has minimum required leave balance required

for the donation and convert donated time to dollars at the hourly rate of the

donor and subtract from the designated leave category. Pay supplements which

are a percentage of base salary (except above class pay and special assignment

pay) shall be added to the base salary prior to converting the value of the

donated time to the recipient.

(b) Convert donated dollars as computed above to hours at the hourly rate of the

recipient, and add to recipient's sick leave balance.

(c) Notify departments of changes in leave balances by noting Auditor adjustments

on the payroll certs for the next payday.

(d) Retain a confidential file of donation authorizations.

3.10.3. Treatment of Donated Time

Donated time is treated as sick leave accrued by the recipient of the donation.

Donated time does not alter the employment rights of the County or the recipient, nor extend

or alter limitations otherwise applicable to Leaves of Absence or Sick Leave, except as noted in this

agreement.

Employees who are utilizing donated sick leave hours will continue to accrue vacation and

sick leave in accordance with the provisions of this Memorandum of Understanding.

If catastrophic leave donations are made due to the medical condition of an employee's

immediate family member, the 64 hour limitation on the use of family sick leave is waived for

absences resulting from that condition only.

3.11. Leave for Promotional Examinations

Employees shall be allowed the necessary time off with pay to participate in promotional

examinations for the County, which are held during their regular work hours.

3.12 Effect of Re-Employment or Reinstatement on Leave Accrual Rates

A former employee who returns to County service shall not be entitled to accumulated sick

leave benefits unless the return to County service is the result of reinstatement within one year of

termination of employment OR is a result of re-employment after a layoff due to lack of work, lack

of funds, or in the interest of economy.

Employees who are reinstated to County service within one year of termination will be

returned to the same vacation accrual rate salary grade step that was held at the time of separation.

3.13 Leave During Job Action

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No employee shall be eligible for paid leave as a result of, or while participating in or

engaged in, any concerted work action.

4. COMPENSATION

4.1 Salaries

a) Effective April 2, 2018, all employees shall receive a Cost of Living Adjustment of 1%

to base salary.

b) On April 20, 2018, each regular employee will receive a one-time payment of $5,000.

c) Effective April 1, 2019, all employees shall receive a Cost of Living Adjustment of 2%

to base salary.

d) Effective March 30, 2020, all employees shall receive a Cost of Living Adjustment of

2% to base salary.

e) Effective March 28, 2021, all employees shall receive a Cost of Living Adjustment of

1% to base salary.

All Cost of Living Adjustments shall be implemented consistent with the clarifying decision

of the Board of Supervisors on April 6, 2004, in calculating the appropriate cost of living adjustment

the methodology utilized will be the State of California Division of Labor Statistics & Research

Consumer Price Index Annual Average Calculator.

4.2. Supplemental Pay

4.2.1. General

No employee shall receive supplemental pay when on vacation, sick leave, sick leave in

conjunction with the receipt of State Disability Insurance or Worker's Compensation temporary

disability payments, compensatory time off, holiday, or paid military leave unless such employee

shall have been performing duties for a period of not less than four (4) full bi-weekly pay periods or

such supplemental duties are scheduled, upon assignment, to last not less than four (4) full bi-

weekly pay periods. Unless otherwise specified by the appointing authority or the appointing

authority's designee, such shift assignment shall be presumed to be scheduled upon assignment for

at least four (4) full bi-weekly pay periods.

4.2.2. Special Assignment Supplement

The Director of Human Resources may authorize a 5% salary increase to any employee

designated by the County Administrator to be on special assignment.

4.2.3. Shift Differential

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For purposes of payment of shift differential the following times shall apply:

DAY: Any work shift which begins on or after 5:00 a.m. and before 5pm.

NIGHT: Any work shift which begins on or after 5:00 p.m. and before 5:00 a.m.

Effective upon the adoption by the Board of Supervisors, the shift differential shall be

$1.20 per hour for night shifts.

Effective July 7, 2008 the shift differential shall be $1.45 per hour for night shifts.

4.2.4 Standby Pay

A department head with the approval of the County Administrator, may designate

employees in certain classes to be in a standby status. An employee who is on standby status must

be at a location where the employee can be reached at all times and upon being called shall return to

work immediately. An employee who is recalled to work shall be deemed to be of standby status

and the employee shall not receive standby pay for the hours the employee is paid to work, whether

on a straight time or overtime basis.

4.2.5 Work Above Class

A department head may temporarily assign any employee to perform duties normally

assigned to a classification with a higher salary without changing the salary of such employee

provided the temporary assignment does not exceed five (5) work days in a thirty (30) calendar day

period or twenty (20) work days in a one hundred and eighty (180) calendar period. If an employee

is assigned to a classification with a higher salary range for more than five (5) work days in a thirty

(30) calendar day period or twenty (20) work days in a one hundred and eighty (180) calendar

period, the employee shall be compensated, beginning with the sixth day of such above-class

assignment, at an amount equal to what the employee would receive if promoted to the higher class,

or 5% if no class exists. Such assignment must receive approval of the Director of Human

Resources. Assignments to cover routine vacation or sick leave absences will not be approved.

Vacation or sick leave absences in excess of two weeks shall not be considered routine.

Employees who are being paid for working in a higher classification are not eligible for

merit increases in the higher classification. Whenever an employee working in a higher

classification receives a merit increase in the employee's regular classification or the employee's

regular salary is otherwise increased or decreased, the employee's pay for working above class shall

be adjusted so that the employee continues to be compensated at the rate specified above.

Once an employee establishes eligibility for working above class pay in a calendar year, the

employee shall retain eligibility for out of class pay for the remainder of that calendar year.

4.2.9. Correctional Officer Supplemental

Effective upon the first full biweekly pay period following adoption by the Board of

Supervisors, employees in the classification of Correctional Officer assigned duties of Training

Officer, Transportation Coordinator, Classification Officer, Clinic Officer and Correctional

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Sergeants specially assigned to Training, Discipline, and Classification duties shall receive a

supplement of 5%.

4.2.12. Bilingual Pay

Each employee who is designated by the appointing authority and approved by the County

Administrator and who has passed a bilingual proficiency examination administered by the Human

Resources Division shall receive a bi-weekly supplement of $50.00.

4.2.13. Supervisor Supplement

Correctional Sergeants shall receive a supplement of one percent (1%) of base pay for

performing supervisory duties. Correctional Sergeants who have completed ten (10) or more years

of service as a Correctional Officer or Correctional Sergeant shall receive an additional supplement

of one percent (1%) for a total supplement of two percent (2%) of base pay.

4.3. Paycheck Exceptions

A paycheck exception is defined as the incorrect reporting of payroll or failure to process the

following payroll actions, causing an employee to receive less than the pay to which he/she is

entitled for that pay period: step increases, supplemental pays, overtime. Paycheck exceptions

(except overtime exceptions) in excess of $100 in terms of gross pay, if presented by noon on the

Friday following payday, shall be paid within two (2) working days of presentation of the claim to

the Auditor-Controller. Overtime exceptions shall be paid no later than the following paycheck.

All payroll errors resulting in gross pay overpayment, net pay overpayment or granting of

other compensation or benefits in error must be repaid to the County. Employees shall be allowed,

at employee’s option, to use accrued annual and holiday leave and compensatory time to repay the

County in cases of payroll errors resulting in gross salary overpayment. Such errors may result

from use of an incorrect salary rate, reporting the wrong number of hours worked, or

misclassification of hours worked.

Accrued annual and holiday leave and compensatory time may not be used to repay the

County for net salary overpayments that do not result from gross salary errors. Such errors include,

but are not limited to, underwitholding of deductions for employee-paid benefits and taxes.

Employees may repay a net salary overpayment, due to an underwithholding, over the same amount

of pay-periods that the underwithholding occurred.

4.4 Mileage and Travel Expenses

If it is legally possible to do so, the County shall grant advance travel pay when requested

by the employee at such times as the employee is traveling outside the County on County

business.

Effective upon adoption by the Board of Supervisors the mileage allowance for use of

personal vehicles on County business shall be paid according to the rates allowed by the Internal

Revenue Service and shall be adjusted to reflect changes in this rate the beginning of the first full

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bi-weekly pay period following announcement of the changed rate by the Internal Revenue

Service.

Meal and lodging reimbursement shall be authorized and paid in accordance with

procedures and requirements listed in Section 3500 of the Administrative Manual of San Joaquin

County. Those reimbursement limits shall not be changed without meeting and conferring with

SJCCOA.

Travel time for County-authorized training shall be computed in accordance with FLSA

procedures.

4.4.2 Parking Supplement Downtown

Effective upon implementation of the Select and Premier Healthcare Plans the County

agrees to contribute the actual cost up to $17.00 per biweekly pay period, directly to the Central

Parking District, for eligible employees who work in the Downtown Core Area, as defined in the

report on Employee Parking in Downtown Stockton as adopted by the Board of Supervisors

February 13, 2001. Eligible employees utilizing parking lots that are not part of the Central

Parking District will be reimbursed the actual amount of their monthly parking receipt up to

$36.83 per month as submitted with a County Expense Reimbursement Claim form through their

departments normal reimbursement process.

During the term of the agreement the County may provide alternative downtown parking

options which will be in lieu of the parking supplement as described above.

4.5 Deferred Compensation Contribution

The County of San Joaquin may maintain a Section 457 Deferred Compensation Plan. The

allowable contribution shall be the maximum allowed by the Internal Revenue Service Code.

The County, at its sole discretion, shall have the right at any time during the period covered

by this agreement to develop charges necessary for the administration of the plan or plans, and

implement said charges for active and inactive participants, to be paid by active and inactive

participants. In any case, the charges will not exceed the actual cost to the County for

administration of the plan or plans as computed by the Auditor-Controller under standard

accounting practices for cost allocation purposes.

Before implementing a payroll deduction charge, the County will make every effort to

negotiate with the plan vendors and/or third party administrator(s) to recoup the County cost from

their management fees.

4.6 Severance Pay

Any member of this bargaining unit employed by the County in an allocated position on or

before the date of adoption of this agreement by the Board of Supervisors, who is laid off from

regular County employment or voluntarily accepts a lay off in lieu of another employee shall

receive $2,500 in severance pay. The employee may elect to receive the money in lump-sum

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payment or defer receipt for purchase of eligible insurance benefits through an Internal Revenue

Code, Section 125 Plan. To qualify for severance pay, employees are required to sign a waiver and

release affirming that, in exchange for their receipt of severance pay, they waive any right to initiate

claims against the County pertaining to their employment and the severance thereof.

4.7.1 Longevity Pay

Employees are entitled to all of the following longevity supplements for which they qualify,

based on continuous service in this bargaining unit:

Effective April 1, 2019 – 1.5% for 20,800 or more hours of service

Effective March 30, 2020 – additional 1.5% for 31,200 or more hours of service

Effective March 28, 2021 – additional 3% for 41,600 or more hours of service

5. DAYS AND HOURS OF WORK-OVERTIME

5.1. Work Week

Unless otherwise provided for in this Memorandum or in any Resolution or Board Order,

the base compensation for employees shall be deemed to be compensation per bi-weekly pay period

of eighty (80) working hours and the base compensation shall be payment in full for all services

rendered to the county except as otherwise provided.

5.2. Working Hours

In accordance with the Board of Supervisors' policy, a department head may change the

working hours of individual employees to accommodate functional needs of the department so long

as no change is made in the regular hours of the department.

5.3 Overtime

For the purposes of determining an employee's eligibility for overtime compensation, all

straight time hours on payroll except sick leave shall be considered "hours worked".

If, in the judgment of a department head or duly-authorized designee, work beyond an

employee's normal work day or work week is required, the department head or designee may order

such overtime work. The department head or designee will give reasonable advance notice of such

schedule changes, except in unusual or unforeseen circumstances. Except as provided in this

Section, employees shall be eligible for overtime compensation when:

(a) an employee works in excess of the number of hours in his/her normal work day except

that any part-time employee shall not be eligible for overtime until such employee

works at least 12 hours in a day.

(b) an employee works in excess of eighty (80) hours in a bi-weekly pay period; (c) an

employee whose normal work week is five (5) scheduled eight (8) hour days in a

calendar week of seven (7) days works more than forty ( 40) hours and five (5) days in

a calendar week;

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(d) an employee who, because of shift changes, works two (2) or more shifts in any

twenty-four (24) hour period and is off duty less than eight (8) hours between shifts.

In such case, the employee shall be compensated for any additional shift(s) in the same

manner as for other overtime notwithstanding (b) and ( c) above;

(e) an employee is required to work during a lunch period for which the employee does not

ordinarily receive compensation.

5.4. Overtime Exception

Employees whose normal work week varies from the normal five (5) days in a calendar

week of seven (7) days shall not be eligible for overtime compensation except as described in (a)

and (b) of section 5.3 above.

5.5. Call-Back Overtime

5.5.1. Definition

Call-back overtime is defined as overtime required of an employee who, following

completion of the employee's assigned work day, is notified to report back to duty. Contiguous

overtime, or overtime assigned to be worked within one (1) hour after completion of the regular

work shift, or overtime assigned by the department head or designee which is performed at a time

convenient to the employee shall be excluded from the three (3) hour minimum unless such

overtime is performed on a regular day off.

5.5.2. Compensation

An employee who performs call-back overtime shall receive credit for the actual time

worked, but not less than three (3) hours credit each time the employee is called back. An employee

who performs call-back overtime shall be compensated according to the provisions of Section 5.6.

5.6. Compensation for Overtime

Employees shall be compensated for overtime in accordance with their Group designation:

(a) Group 1 employees are those employed in classifications eligible for exemption

from the overtime provisions of the Fair Labor Standards Act (FLSA) and

designated by the Board of Supervisors to be salaried and, therefore, exempt

from the overtime provisions of the FLSA. These employees may be required

to periodically or routinely work long or irregular hours to fulfill the

responsibilities of their positions. These employees are not eligible to receive

overtime compensation or compensatory time off. However, in recognition of

the sometimes long an irregular hours which these employees are required to

work to accomplish program objectives, the county will provide paid

administrative leave as follows:

(1) Each fiscal year, the department Head shall grant ten days of

administrative leave to eligible salaried employees.

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(2) The benefits provided by this program are not related to hours worked

nor subject to accrual, and under normal circumstances may not be

carried over beyond the end of the fiscal year.

(b) Group 2 employees shall be compensated for overtime by either cash payment

at the rate of one and one-half (1-1/2) times the employee's hourly salary

(including applicable supplements) or by the accrual of compensatory time at

the rate of one and one-half (1-1/2) times the overtime hours worked. The

maximum compensatory time accumulation shall be eighty (80) hours and any

additional overtime worked shall be compensated by cash payment at the rate

of one and one-half (1-1/2) times the employee's hourly salary (including

applicable supplements).

(c) Group 3 employees are those employed in grant positions and shall be

compensated for overtime as provided in their contracts.

(d) Group 4 employees are those working in positions which have been found to be

non-exempt from the overtime provisions of the Fair Labor Standards Act

(FLSA). Group 4 employees shall be compensated for overtime worked in the

same manner as Group 2 employees.

5.7. Meals and Rest Periods

5.7.1. Rest Periods

To promote maximum productivity and morale, it is the policy of San Joaquin County that,

when County operations permit, each employee shall be entitled to two (2) rest periods not

exceeding fifteen (15) minutes each, during a regular eight (8) hour shift. When County operations

permit, such rest periods are to be taken as nearly as possible in the middle of each four (4) hour

segment of each employee's work day. Time allowed for rest periods may not be accumulated from

one half of the workday to another, nor may rest periods be used to alter an employee's normal work

hours and meal periods.

5.7.2. Meals During Overtime

Meals which must be consumed on the job after the normal workday and while working in

an overtime situation are not to be considered as an interruption of overtime work performed. The

County shall neither pay for nor provide meals, nor is an employee who takes a break for a meal to

be considered as being in a paid status. An employee, upon request, shall be allowed to take a thirty

(30) minute meal break after two (2) hours overtime and every four (4) hours thereafter. The

County retains the right to refuse requests for meal breaks in the event of emergency.

5.8. Alternative Schedules

5.8.1. Flex Hours

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The County and SJCCOA shall negotiate, on request, flex time schedules on a department

by department basis. Such negotiations shall be conducted between SJCCOA and the County's

designated negotiator.

Flex time schedules are those alternate work schedules, including but not limited to a "4-10"

plan or a "9-80" plan, which do not violate the Fair Labor Standards Act or Section 5.3. of this

memorandum, unless otherwise agreed by the parties. No flex schedule arrangement shall be

implemented until the County and SJCCOA adopt a memorandum of understanding specifically

setting forth provisions of the schedule with respect to overtime, holiday, sick leave and other

affected benefits.

The County and SJCCOA agree that when a written request for flexible work schedules is

denied, the Appointing Authority or designee shall respond to the request in writing (within 14

days) stating the reasons for the denial.

5.8.2 Job Sharing

Any regular, permanent full-time employee may agree to job-share a position, subject to

approval by a Department Head and the Director of Human Resources.

5.8.2.1. Conditions of Participation

a. Employees must have permanent Civil Service status.

b. Bi-weekly salary for job-sharing employees will be pro-rated. Pro-rated

compensation will be based on each individual’s step on the salary range.

c. Vacation, sick leave, floating and regular holiday will be earned on a pro-rated

basis.

d. The dollar value of the County’s contribution to health, dental and vision insurance

and the retirement value for one full-time allocated position will be pro-rated.

e. Employees participating in a job-share agreement will be treated as temporary

employees for retirement purposes only.

f. If a vacancy does not exist when an employee who is participating in a job-share

arrangement wishes to resume full-time employment, the employee will be

required to maintain job-share status until a vacancy in the appropriate

classification occurs.

Job-share participants will be entitled to the first vacancy that occurs in the

appropriate classification in their department or may consider the transfer option to

another County department. Participants will be notified prior to the

implementation of a position freeze or if the position is to be filled.

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g. Worker’s Compensation will be administered in accordance with the Labor Code

of the State of California.

h. Employees are eligible for overtime compensation only after 40 hours in a

workweek.

i. Limits to trading time, coverage during illness or vacation, the work schedule and

total hours each employee will work during a pay period, will be set by the

Department Head.

j. If one participant in the job-share agreement terminates employment during the

agreement and a replacement cannot be found within a reasonable time period, the

remaining employee will be required to return to full-time status.

k. For the purpose of interpreting minimum qualifications for open or promotional

exams, work experience during the period the employee is participating in the job-

share agreement will be calculated on a pro-rated basis.

5.10. Jury and Witness Duty

5.10.1. Jury Duty

Any regular employee who is summoned for attendance to any court for jury duty shall

be deemed to be on duty and there shall be no loss of pay, however, any jury fees (excluding

payment for mileage) received by the employee shall be paid to the County. Employees who

receive a jury summons are required to immediately notify the immediate supervisor.

Any employee who works a rotating shift in a 24 hour facility who receives a summons for

jury duty shall request a jury duty deferral until such time that the employee rotates to a day shift. If

a deferral is not granted by the Court, the employee shall immediately notify the supervisor to

modify work schedule to accommodate jury duty.

5.10.2. Witness Duty

Any employee who shall be called as a witness in a case arising out of and in the course of

the employee's County employment shall be deemed to be on duty and there shall be no loss of pay.

Any witness fees received by the employee shall be paid to the County together with any mileage

allowed if the employee uses County-provided transportation. If such witness duty is performed on

a day on which the employee would normally not be working, the employee shall be deemed to be

on duty and shall be compensated for overtime as provided in Section 5.3. An employee called as a

witness in any other matter shall be deemed off duty.

A unit employee called as a witness in a case arising out of and in the course of employment

on a day on which the employee normally would not be working the day shift, but is on scheduled

vacation, shall be deemed to be on regular duty and shall have the option of working a complete

shift. The number of hours worked will not be charged to vacation.

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5.11.1. Reassignment

The County and SJCCOA agree that one of the factors to be assessed when involuntarily

reassigning an employee shall be the seniority of the qualified employees.

Any employee who is involuntarily transferred may request a written statement from the

appointing authority as to the reasons for the reassignment. This written response shall be issued

within fourteen calendar days from the date of the request.

6. SALARY ADMINISTRATION

6.1. Salary Upon Appointment

New employees shall be appointed at the first step of the salary range adopted for the

particular class of position to which the appointment is made. The Board of Supervisors or such

individual as the Board may designate, upon certification of the Director of Human Resources that

recruiting difficulties exist, may provide that a particular allocated position be filled at a step above

the minimum of the range commensurate with the qualifications of the prospective appointee which

are above the minimum requirements set forth in the class specifications.

Whenever such allocated position is filled in this manner, all incumbents of allocated

positions who have qualifications above the minimum set forth in the class specification in the same

class earning less than the step in the particular salary range at which the new employee enters may

be raised to that step or to a lower step in the range upon the request of an appointing authority and

the recommendation of the Director of Human Resources and subject to approval of the County

Administrator.

Notwithstanding other provisions of this memorandum regarding merit advancement days,

the merit advancement of all employees in that class of position may be changed in order to retain

equitable relationships as recommended by the Director of Human Resources and approved by the

County Administrator.

6.2. Step Increases

6.2.1. Regular Employees

A regular employee shall be required to serve a merit advancement period of twenty-six (26)

bi-weekly pay periods on each step of the salary range assigned to the classification of which the

employee is an incumbent before becoming eligible for advancement to the next higher step. An

employee shall not advance to the next higher step until the employee receives the affirmative

recommendation from his/her department head and the employee's eligibility for advancement has

been verified by the Director of Human Resources. An employee shall not advance to the next

higher step if his/her overall performance is evaluated as less than satisfactory. Nothing in this

Memorandum shall be construed to provide that step increases are automatic.

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Advancement within a salary range shall not be made more frequently than once in any

period of twenty-six (26) consecutive pay periods nor shall any employee advance more than one

step within a salary range at one time except as provided in Section 6.1. above.

6.3. Step Increases Withheld

Any step increase withheld because of administrative oversight or inadvertence shall be

made retroactive to the normal effective date of the step increase.

Any step increase withheld for cause but, upon appeal, adjudicated in favor of the employee,

shall be made retroactive to the normal effective date of the step increase or some intervening date

determined by the adjudicating party. If the step increase is made retroactive to the normal effective

date of the step increase, the employee shall retain the employee's current anniversary date. If some

intervening date is determined by the adjudicating party, the employee shall not be eligible for the

employee's next merit advancement for twenty-six (26) bi-weekly pay periods from the intervening

date.

6.4 Salary Step On Promotion

An employee appointed to a position with a higher salary range shall have his/her salary

adjusted to the first step of the new range or to the step in the new range which is at least 5% higher

than the salary the employee was receiving prior to the promotion, whichever is greater, provided

that the new salary is within the new range. For the purposes of this Section, pay supplements which

are a percentage of base salary (except above class pay, special assignment pay, or supplemental

pay that carry over to the promotion class) shall be added to the pre-promotion base salary prior to

determining the appropriate step in the new range. The effective date of the promotion shall become

the new merit advancement date for the employee and he/she shall not be eligible to receive a merit

step increase until fifty-two (52) weeks after such date.

6.5. Order of Adjustments

Whenever an employee is promoted and receives a range change or the employee's position

is reclassified to a class having a higher salary range, on the employee's merit anniversary day the

employee shall first receive the merit advancement increase to which he/she may be entitled and

then receive such increases to which he/she may be entitled in the following order: salary

adjustment, reclassification, promotion.

6.6. Salary Step on Demotion

If an employee is demoted to a position having a lower salary range because of lack of work

or funds, or in the interests of economy, or for any reason other than discipline, the employee so

demoted shall receive the next lower salary in the range assigned to the new position. The

employee's merit anniversary date shall remain the same.

If an employee voluntarily demotes to a position having a lower salary range, the employee

shall receive the salary in the new range which is equal to the salary in the prior position or, if none,

the next lower salary in the range assigned to the new position.

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6.7. "Y"-Rates

Whenever an incumbent of a Civil Service exempt position accepts a demotion for

reasons other than a disciplinary action to a class of position having a lower salary range, the Board

of Supervisors may direct that the capital letter "Y" be set opposite the position to which the

incumbent was demoted in the department budget and all payroll and other personnel records.

Whenever the effect of a reclassification is to place the incumbent in a Civil Service

classified position having a lower salary range, the Board of Supervisors, upon the recommendation

of the Civil Service Commission, may direct that the capital letter "Y" be set opposite the

reclassified position in the department budget and all payroll and other personnel records.

Whenever the "Y" is set opposite a position, the incumbent shall continue to receive

his/her previously authorized salary until termination of employment in the position, or until a

higher rate of pay may be authorized, whichever comes first.

8. RETIREMENT

Unless otherwise stated, all statutory references in this section “8.Retirement” of this

Memorandum of Understanding are to the California Government Code.

8.0 Retirement Tier and Eligibility

SJCERA Tier I – Employees who established and maintain membership in the San

Joaquin County Employees’ Retirement Association (SJCERA) prior to January 1, 2013, and

other eligible employees as defined by law, participate in the defined benefit formula that was in

place on December 31, 2012, hereinafter “SJCERA Tier I”.

SJCERA Tier II – Employees who establish membership in SJCERA on or after January

1, 2013, who are subject to the provisions of the Public Employees’ Pension Reform Act of 2013

(Article 4 (commencing with Section 7522) of Chapter 21 of Division 7 of Title I of the

Government Code), hereinafter “PEPRA”, participate in the defined benefit formula prescribed

by PEPRA, hereinafter “SJCERA Tier II”.

8.1 Retirement Formula

The County shall maintain the defined benefit retirement formula specified in Section

31676.14 (2% at age 55 ½) for General Members of SJCERA Tier I and in Section 31664.1 (3%

at age 50) for Safety Members of SJCERA Tier I.

General Members of SJCERA Tier II participate in the defined benefit formula

prescribed by Section 7522.20 of PEPRA (2.0% at age 62). Safety Members of SJCERA Tier II

participate in the defined benefit formula prescribed by Section 7522.25(d) of PEPRA (2.7% at

age 57).

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An annual cost of living adjustment of up to three percent (3%) shall be maintained in

accordance with Section 31870.1 for monthly benefits payable by SJCERA to retired members

of SJCERA (Tiers I and II) or their beneficiaries.

8.2 Retirement Age and Service

The provisions of Section 31672 permitting service retirement for General Members of

SJCERA Tier I at age seventy (70) years, or at age fifty (50) years with the completion of ten

(10) years of service as adopted by County Resolution R-72-1245, or with 30 or more years of

service regardless of age shall be maintained for employees who are General Members of

SJCERA Tier I. The provisions of Section 31663.25 permitting service retirement for Safety

Members of SJCERA Tier I at age seventy (70) years, or at age fifty (50) years with the

completion of ten (10) years of service, or with 20 or more years of service regardless of age

shall be maintained for employees who are Safety Members of SJCERA Tier 1.

Section 7522.20 permits service retirement for General Members of SJCERA Tier II after

five (5) years of service and upon reaching fifty-two (52) years of age. Section 7522.25 permits

service retirement for Safety Members of SJCERA Tier II after five (5) years of service and upon

reaching fifty (50) years of age.

8.2.1 Retirement Benefits – Final Compensation Period

For employees who are members of SJCERA Tier I, final compensation shall, as

authorized by County Resolution R-71-2161 pursuant to Section 31462.1, be the average annual

compensation earnable by the member in the twelve consecutive months elected by the member

at or before the time he or she files an application for retirement or, if no election is made, the

twelve consecutive months immediately preceding the member’s retirement.

As provided by Section 7522.32, for employees who are members of SJCERA Tier II,

final compensation shall mean the highest average annual pensionable compensation earned by

the member during a period of at least 36 consecutive months immediately preceding his or her

retirement or last separation from service if earlier, or during any other period of at least 36

consecutive months, as designated by the member on the application for retirement.

8.3 Retirement Contributions

Employees' retirement contributions to SJCERA shall be made on a pre-tax basis.

Tier I members (as defined in Appendix C) contributions as determined annually by the

plan actuary pursuant to Section 31621.3 for General Members of SJCERA Tier I, and pursuant

to Section 31639.5 for Safety Members of SJCERA Tier I and expressed as a percentage of

payroll shall be known as the “Basic Member Contribution Rate.” Effective the pay period

following approval of this agreement by the Board of Supervisors, employees who are members

of SJCERA Tier I shall pay the Basic Member Contribution Rate applicable to their member

category plus the increase in that rate as specified in Government Code Section 31631.5(a)(1),

not to exceed 50% of the normal cost of benefits. The increase in the rate specified in Section

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31631.5(a)(1) that is applicable to county peace officers shall be the increase in the rate

applicable to all Safety Members of SJCERA Tier I.

Tier II members (as defined in Appendix C) shall pay member contributions pursuant to

Government Code Section 7522.30, which shall be at least 50% of normal cost as determined

annually by the plan actuary and expressed as a percentage of payroll. The County shall not pay

any of the required member contribution.

Employees who are Safety Members of SJCERA Tier I and employees who were General

Members of SJCERA Tier I on March 7, 1973, and remained continuously in membership until

having credit for, thirty (30) or more years of service who, for that reason, are not making

contributions to SJCERA, shall receive, in addition to their regular rate of pay, an amount equal

to what their retirement contributions would be if they were still making such contributions

(Government Code Sections 31625.2 and 31664.1).

8.3.1 Retirement Contributions

Effective January 29, 2013, notwithstanding R-75-1592, the County and employees in this

bargaining unit who are members of County Employees’ Retirement Association shall, in

accordance with Government Code Section 31873, equally share the contributions required for post-

retirement cost-of-living adjustments.

8.4. Retirement - Sick Leave Conversion

A sick leave credit account shall be established for each employee who: (1) separates from

employment and concurrently assumes a retired status, either deferred, service or disability, in the

San Joaquin County Retirement Association; (2) continues such employee’s coverage under a

County health insurance plan; and (3) has at least one hundred and sixty (160) hours of accumulated

sick leave as of the date of separation.

The account shall be credited upon separation with the eligible employee’s total

number of sick leave days for the purpose of paying the monthly health insurance premiums

as well as the dental insurance premium for any dental plan offered by SJCCOA. For the

purposes of this section, each eight (8) hours of sick leave is equal to one (1) day.

The amount of credit allowed for each day of accumulated sick leave shall be

calculated as follows:

For any eligible member of this unit employed by the County prior to the date of this

Memorandum, the dollar value of the conversion shall be capped at $221.24 for each

eight (8) hours of sick leave.

Any employee hired after August 27, 2001 shall not be eligible for this benefit.

The account shall be eligible for use by the employee and the employee’s

dependents eligible under the plan, as of the effective date the retired employee is first paid a

monetary retirement allowance by the Retirement Association and shall continue until such

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account is fully depleted, the employee ceases to be a member of the Retirement

Association, or the employee and all the employee’s dependents cease to be covered by the

health insurance plan, whichever first occurs. Retirees who are on deferred status shall be

eligible for health insurance coverage but may not utilize such account mentioned above

until otherwise eligible.

Pursuant to San Joaquin County Ordinance No. 4122, employees eligible for sick leave

credit accounts under this section will be offered the opportunity to use accumulated sick

leave for service credit under Government Code Section 31641.03 in lieu of a sick leave

credit account.

8.5. Retirement Death Benefits

The death benefits provisions of Section 31789.3 of the Government Code shall be

maintained for County Retirement System Members.

8.6. Retirement Information

Employees nearing retirement age who desire to discuss their retirement with the

County Retirement Office shall be allowed to do so on County time.

8.7 Retirement Buy Back

For employees who wish to purchase previous temporary and/or contract San Joaquin

County service under the provisions of Government Code Section 31641.5, the County shall assume

responsibility for 50% of the amount of the contribution the employee is required to pay in order to

be credited with such service. The amount assumed by the County shall not become part of the

employee’s accumulated contributions and shall not be considered compensation for purposes of

contributions to, or benefits from the San Joaquin County Retirement Association.

8.8 Post Employment Health Benefit Defined Contribution

Effective upon implementation of the Select and Premier Healthcare Plans the County

agrees to make a post employment health benefit defined contribution for the purpose of funding

post-employment health benefits for those persons who will retiree from County service

subsequent to the ratification of this agreement, in the amount of $400.00 annually on behalf of

each full time employee represented by this unit who has attained ten (10) or more years of San

Joaquin County service. In January 2008, July 2008, July 2009 and July 2010 said contribution

for all eligible unit members shall be deposited into a tax-qualified VEBA or other legally

appropriate tax-qualified vehicle to be agreed upon by the parties through a Joint Labor

Management Committee (JLMC). The JLMC shall be established within ninety (90) days of the

adoption of this agreement by the Board of Supervisors. The JLMC shall consist of six (6)

persons, three (3) appointed by each party. If by January 2008, the JLMC has not yet reached

agreement on the post-employment health benefit defined plan, the County shall deposit the

annual contribution into an interest-bearing account held by the Auditor-Controller and at the

interest rate earned by the County Treasury Pool. If by July of the subsequent fiscal years, the

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JLMC has not yet reached agreement, the County shall deposit that year’s annual contribution to

the same interest-bearing account held by the Auditor Controller.

9. TRAINING AND EDUCATION

9.1. In-Service and Job Related Training

Employees who participate in County-mandated supplemental education programs

shall either be assigned to such programs during their regular working hours or be

compensated for each hour spent participating in such programs at the applicable overtime

rate in accordance with this memorandum. Travel time for County-authorized training shall

be computed in accordance with FLSA procedures.

Upon the request of an employee, at the time the employee is originally appointed or

promoted, the County shall make every effort to provide intensified orientation on specific

job functions.

9.2. Driver Training

When requested, all County employees will participate in the County Driver's

Training Program as a mandatory requirement of being an employee of the County.

9.3. Educational Reimbursement Program

In accordance with the County's Educational Reimbursement Program, eligible

employees, including part-time employees with benefits, may be reimbursed for career-

related course work taken on the employee's own time. The minimum amount of

reimbursement is $10.00 and the maximum is $850 per fiscal year; however, an employee

enrolled in an approved degree program may be reimbursed up to $800 per semester for a

maximum of $1600 per fiscal year and may include reimbursement for educational

materials.

Effective July 1, 2006, the Educational Reimbursement Fund shall be $110,000.

Specific details and conditions of participation are included in Section 1700 of the

County's Administrative Manual.

10. WORKER’S COMPENSATION AND EMPLOYEE SAFETY

10.1. Worker's Compensation

The waiting period for employees disabled out of or in the course of employment

before an injured employee may begin collecting temporary disability payments shall be

three (3) days. Such days shall be charged against sick leave or other applicable accrued

leave time unless the employee is hospitalized as a result of the disability or the disability

lasts for more than seven (7) days.

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Employees who are receiving temporary disability indemnity payments under

Division 4 or Division 4.5 of the Labor Code shall accumulate vacation (including seniority

credit for the purposes of vacation accrual under Section 3.1), holidays and sick leave during

such period of time that they are drawing such temporary disability indemnity. The County

shall continue to provide health, dental, vision, and life insurance plan coverage for such

employees as if they were on payroll as regular employees.

10.2. Worker's Compensation Leave

Notwithstanding other provisions of this Section, an employee who is disabled as a

result of an injury or illness arising out of and in the course of employment and eligible for

Worker's Compensation benefits shall have an automatic leave of absence until a ruling is

made that recovery from disability is sufficient to release the employee. In such case, a

leave of absence shall be considered canceled when permanent disability is established.

10.3. Safety Equipment

The County shall provide employees with safety prescription glasses (glasses only, not

prescription examination) whenever safety glasses are required by the CAL/OSHA or other State or

Federal regulation. The County will not provide replacements for broken lenses or frames unless

such breakage is the result of an on-the-job accident

10.4. Physical Examinations

Employees required to take physical examinations to maintain licenses or employment with

San Joaquin County shall be given physical examinations at San Joaquin General Hospital at no

cost to the employee. The County will not pay for any examination not given at San Joaquin

General Hospital.

10.5. Disputes Involving Safety Issues

STEP 1: When an employee or SJCCOA in good faith believes that an employee

or employees are being required to work where a clear and present danger exists, the

immediate supervisor will be notified. The supervisor will immediately investigate the

allegation. The supervisor may check with a higher level of management, or a departmental

safety coordinator and thereafter direct the employee to either temporarily perform other

duties or proclaim the situation safe and direct the employee to proceed with assigned

duties.

If the employee or SJCCOA continues to believe the condition presents a clear and

present danger, the employee or SJCCOA may proceed to STEP 2. If the employee believes

there is an imminent danger the employee may proceed directly to STEP 3.

STEP 2: When an employee or SJCCOA is not satisfied with the decision at STEP

1, the employee or SJCCOA may submit the issues to the Department Head. The

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Department Head or designee shall issue a written response to the alleged clear and present

danger within five (5) calendar days after receipt of the request to review the issue.

STEP 3: If the employee or SJCCOA is not satisfied with the decision rendered by

the department head or designee, or where the employee believes there is an imminent

danger, the issues may be submitted to the County Risk Manager. Within five (5) calendar

days the County Risk Manager shall respond in writing to the issue.

STEP 4: If the issue is not resolved at the third level of this procedure, the

employee or SJCCOA may appeal to the Board of Supervisors who may hold a hearing in

accordance with the Complaint Procedure STEP 4 (Section 17) of this memorandum.

The parties shall endeavor to expedite this process. With the mutual consent of the parties,

any step of this process may be waived or time extended.

10.6. Safety Committee

SJCCOA shall appoint a member of the Correctional Officers Unit to the County’s

Safety/Risk Management Committee. An SJCCOA staff member will be appointed as an ex-officio

member.

11. EVALUATIONS AND PERSONNEL FILES

11.1. Employee Performance Evaluations

Any employee performance evaluation shall be prepared by the employee's supervisor who

has the responsibility and authority to prepare such reports.

Employee performance evaluation reports shall be discussed with the employee prior to

finalization of each category of the report.

An employee will receive an appointment with his/her department's reviewing officer to

discuss the evaluation by signing the evaluation form in the space provided. Each department shall

make a reasonable effort to ensure that the reviewing officer for this purpose has not been a party to

the preparation of the evaluation. In no case shall the reviewing officer sign the evaluation form

until a review has occurred.

Any regular or special evaluation with a rating of "unsatisfactory" shall include plans for

employee development. Except in cases of termination, release from probation, or leave of absence,

employees who receive an unsatisfactory performance evaluation must receive a follow-up

evaluation. The follow-up evaluation shall cover a period of time no greater than ninety (90)

calendar days from the date of the final review of the initial unsatisfactory evaluation.

An employee shall have the right to submit written comments regarding any evaluation and

to have such comments included in his/her personnel file along with the evaluation.

11.1.1. Performance Evaluations and Workload

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The County and SJCCOA agree that one of the factors to be considered when completing

Employee Performance Evaluations will be any increased workload given to the employee since the

last evaluation.

11.2. Probationary Evaluations - Notice

For the purposes of the initial probationary period only, an employee who fails to complete

probation and is released from probationary status within two weeks of the end of the probationary

period shall be paid regular salary for the hours the employee would have been scheduled between

the release date and the end of the probationary period.

11.3. Employee Personnel Files

Employees shall have the right to review and at their own expense obtain copies of their

County personnel files. An employee's representative may inspect the contents of an employee's

personnel files upon signed, dated authorization by the employee. Authorization shall be valid for

sixty (60) calendar days from the date of signature.

The County reserves the right to withhold from employee review reports of an

employee's pre-employment physical examination, records of an employee relating to investigation

of possible criminal offense or other legally privileged records.

Employees shall be given an opportunity to read and initial any report to be added to

their personnel files, but an employee shall not be required to sign any such report. An employee's

signature on a report shall be understood to be acknowledgment of receipt and shall not be

construed as agreement or disagreement with its content. If the employee refuses to sign any report,

a notation to that effect may be entered on the document. A copy will be provided to the employee

upon request.

An employee shall have the right to submit written comments regarding any document

in his/her personnel file and to have such comments included in his/her personnel file along with the

document.

11.4. Letters of Reprimand

An employee has the right to request in writing that a letter of reprimand be removed from

the employee's personnel file if two years have elapsed from the date of reprimand and there has

been no recurrence of the issue contained in the reprimand.

If the reprimand is in the department or division personnel file, the request must be directed

to the department head or designee. If the reprimand is in the central Personnel Division files, the

request must be directed to the Director of Human Resources. The department head or designee, or

the Director of Human Resources, whichever is appropriate, shall review the request and, within

fourteen (14) calendar days render a decision on the request. The decision of any of the above

individuals shall be final.

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12. EMPLOYEE LIABILITY

A County employee's liability for acts or omissions within the scope of employment is

established by Article 3, Division 3, of Title 1 of the Government Code of the State of California.

Indemnification and defense of County employees, for claims against them arising out of acts or

omissions within the scope of their employment, are set out in Article 4, Division 3.6 of Title 1 of

the Government Code of the State of California.

The County and County employees recognize their respective rights and obligations under

these provisions of these laws as they exist at this time and as they may be amended or given final,

binding judicial interpretation.

13. EMPLOYEE PROPERTY AND EQUIPMENT

13.1. Replacement of Damaged Property

Except for loss or destruction to currency, the county may provide for the payment of the cost

of replacing or repairing property or prostheses of an employee, such as eyeglasses, hearing aids,

dentures, watches, or articles of clothing necessarily worn or carried by the employee when any such

items are lost or damaged in the line of duty without fault of the employee. If the items are damaged

beyond repair, the actual value of such items may be paid. The value of such items shall be

determined as of the time of the loss or damage. The Board of Supervisors delegates to the County

Administrator the authority to grant or deny claims which do not exceed $500.

13.2. Uniform Allowance

Employees in the classifications of Correctional Officer and Correctional Sergeant shall

receive a lump sum uniform allowance of $1000.00 on or about the pay day nearest December 1.

If an employee in this classification leaves during the year, a pro-rated portion of the uniform

allowance shall be paid on or about the last day of employment.

Effective December 1, 2007, the uniform allowance shall be increased to $1,100.

Effective December 1, 2009, the uniform allowance shall be increased to $1,200.

14. LAYOFFS

14.1. Notice

Any permanent County employee who is a member of the County's Merit System

and who is to be laid off or dismissed for other than disciplinary reasons shall be given

fifteen (15) calendar days notice. This provision does not apply to probationary,

provisional, or temporary employees. Nothing contained herein shall be deemed to require

the County to pay an employee except for services rendered.

15. SUBSTANCE ABUSE REFERRALS

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San Joaquin County Correctional Officers Association (SJCCOA) acknowledges the right

of Department Managers (at the Middle Management level and above) to refer employees suspected

of being under the influence of alcohol or drugs while on duty to San Joaquin General Hospital

(Canlis Clinic or Employee Health Services) or to other physicians to be evaluated as to their ability

to perform their job. In acknowledging this right, the Association does not relinquish its right of

individual employee representation or to challenge managers who use this provision without direct

observable behaviors to support the referral.

The County shall offer training to Department Managers to aid in their detection and

evaluation of behaviors which may lead to a referral. The County shall report to SJCCOA, on a

statistical basis, the results of referrals of employees so long as employee and patient confidentiality

are not violated.

The County and SJCCOA jointly recognize the value of the County's Employee Assistance

Program in the evaluation and resolution of employee problems associated with substance abuse.

16. GRIEVANCE PROCEDURE

16.1. Definitions

Grievance: An alleged violation of a specific rule or regulation contained in the

Civil Service Rules of San Joaquin County or in department rules.

Day: Calendar day(s)

Complaint: A dispute concerning the interpretation or application of ordinances,

resolutions, policies, procedures or agreements, including memoranda of understanding.

See Section 17 of this Memorandum.

Safety Issues: Disputes involving safety violations. See Section 10.5. of this

Memorandum.

Disciplinary Actions: See Section 19 of this Memorandum.

16.2. Purpose/Rights

It is the intention of this procedure to resolve all issues at the lowest supervisory

level possible. The employee has the right to representation at any and/or all steps of the

procedure.

SJCCOA may file and process grievances on behalf of employees, but the grievants

must be identified by name if necessary to the processing of the grievance.

16.3. Filing Deadline

Grievances filed under this Section should be initiated within thirty (30) days from

the time the employee knew or had reason to know of the facts giving rise to the grievance.

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16.4. Grievance Processing

STEP 1: Any grievance shall be discussed with the employee's immediate

supervisor. If the issue is not resolved at the supervisor's level within fifteen (15) working

days from the day of presentation, the issue may be processed to the second step. If the

department head is the immediate supervisor, the grievance shall be in writing and contain

the information specified in Step 2 below.

STEP 2: If the grievance is not resolved at Step 1 of this procedure, then the

grievance may be filed with the appointing authority or designee. The grievance must be in

writing and must be filed within twelve (12) days of the response from Step 1 or from the

date when such response was due. The grievance must state: (1) the specific rule or

regulation which is alleged to have been violated; (2) the statement of facts comprising the

violation: (3) the requested remedy. The appointing authority, or designee shall have fifteen

(15) working days in which to investigate the issues and respond in writing to the grievance.

NOTE: If the immediate supervisor, in Step 1 of this process, is the appointing authority or

designee, Step 2 may be bypassed; however, the grievance must be in writing as specified

above.

STEP 3: Within twelve (12) days of the receipt of the written response or date when

the written response was due from the appointing authority or designee, the employee or

representative may file the grievance with the County Administrator or designee. The

grievance must be in writing and contain the information specified in Step 2 above. The

County Administrator or designee shall have thirty (30) days from receipt of the grievance

in which to investigate the grievance and issue a written response.

STEP 4: Within twelve (12) days of receipt of the Step 3 response, or from the date

when written response was due, the grievant or representative may appeal in writing, to the

Civil Service Commission. The Commission, at its next regular meeting, shall take the

request under advisement and may schedule a hearing if requested as soon as practicable.

Following any hearing, the Commission shall issue written findings and decisions which

shall be final and binding.

All grievances shall be presented and acted upon in a timely manner. However, with

the mutual consent of the parties, the time limitation for any step may be extended.

17. COMPLAINT PROCEDURE

17.1. Definitions

Complaint: A dispute concerning the interpretation or application of ordinances,

resolutions, policies, procedures or agreements, including memoranda of understanding.

Day: Calendar day(s)

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Grievance: An alleged violation of a specific rule or regulation contained in the

Civil Service Rules of San Joaquin County or in department rules. See Section 16 of this

Memorandum.

Safety Issues: Disputes involving safety violations. See Section 10.5. of this

Memorandum.

Disciplinary Actions: See Section 19 of this Memorandum.

17.2. Purpose/Rights

It is the intention of this procedure to resolve all issues at the lowest supervisory

level possible. The employee has the right to representation at any and/or all steps of the

procedure.

SJCCOA may file and process complaints on behalf of employees, but the

complainants must be identified by name if necessary to the processing of the complaint.

17.3. Filing Deadline

Complaints filed under this Section should be initiated within thirty (30) days from

the time the employee knew or had reason to know of the facts giving rise to the complaint.

17.4. Complaint Processing

STEP 1: Any complaint shall be discussed with the employee's immediate supervisor. If

the issue is not resolved at the supervisor's level within fifteen (15) working days from the day of

presentation, the issue may be processed to the second step. If the department head is the immediate

supervisor, the complaint shall be in writing and contain the information specified in Step 2 below.

STEP 2: If the complaint is not resolved at Step 1 of this procedure, then the complaint

may be filed with the appointing authority or designee. The complaint must be in writing and must

be filed within twelve (12) days of the response from Step 1 or from the date when such response

was due. The complaint must state: (1) the specific policy, ordinance, resolution, procedure, or

agreement which is alleged to have been violated; (2) the statement of facts comprising the

violation: (3) the requested remedy. The appointing authority, or designee shall have fifteen (15)

working days in which to investigate the issues and respond in writing to the complaint. NOTE: If

the immediate supervisor, in Step 1 of this process, is the appointing authority or designee, Step 2

may be bypassed; however, the complaint must be in writing as specified above.

STEP 3: Within twelve (12) days of the receipt of the written response or date when the

written response was due from the appointing authority or designee, the employee or representative

may file the complaint with the County Administrator or designee. The grievance must be in

writing and contain the information specified in Step 2 above. The County Administrator or

designee shall have thirty (30) days from receipt of the complaint in which to investigate the

complaint and issue a written response.

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STEP 4: Within twelve (12) days of receipt of the Step 3 response, or from the date when

written response was due, the complaint may be filed, in writing and containing the information

specified in Step 2 above, with the San Joaquin County Board of Supervisors for resolution by

means of a hearing, the time and date of which shall be set by mutual agreement of the parties

involved. The decision of the Board is final and binding.

Prior to submission to the Board, the parties may mutually agree to submit the complaint

to a third party intervenor for review and recommendation on the resolution of the complaint, in

accordance with Section 6 of the San Joaquin County Employer-Employee Relations Policy. If

either party disagrees with the recommendation of the third party intervenor and wishes to have

the recommendation reviewed by the Board of Supervisors, the party must submit their request

to the Labor Relations Division within thirty (30) days after the issuance of the recommendation

for scheduling with the Clerk of the Board. If neither party submits a request within thirty (30)

days, the recommendation of the third party intervenor shall be considered a final and binding

decision on the complaint.

18. ADVISORY ARBITRATION

As an alternative procedure for the resolution of impasses, the County and SJCCOA may,

upon mutual agreement, including agreement as to procedure, submit matters in dispute in the

course of the meet and confer process to advisory arbitration. Further, disputes arising in a context

other than the meet and confer process, e.g. disputes relating to administration of this Memorandum,

to formal complaints, to interpretations of codes, resolutions, Board Orders, and ordinances dealing

with employee rights and benefits shall, upon mutual agreement, be processed through an impasse

procedure. Neither this Section nor the exercise of the option to utilize an impasse procedure shall

be deemed as making any matter which is reserved to the County as a right of management in the

Employer-Employee Relations Policy a matter subject to the meet and confer process.

19. DISCIPLINARY ACTIONS

19.1. Applicability

These procedures are not applicable to temporary, contract or probationary

employees except as specified in Section 19.8.

To initiate disciplinary action against a permanent, Civil Service employee, the

appointing authority must follow the provisions of Civil Service Rule 18. The appointing

authority must submit to the employee a written notice of intent to take disciplinary action

and file a copy with the Labor Relations Division. The notice must state specifically the

reason(s) for the action and explain the employee's "Skelly" rights of appeal.

19.2. Request for Hearing

The employee may appeal the proposed action and request a hearing by responding

in writing to the appointing authority within seven (7) calendar days of receipt of the notice.

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Upon receipt of a timely response, the appointing authority shall schedule and conduct a

"Skelly" hearing as soon as possible.

19.3. Rights of Access

The employee shall be given access to copies of all materials supporting the proposed action

and shall be provided with copies upon request.

19.4. Representation

The employee may be represented at the hearing by a representative of the

employee's choice.

19.5 Conduct of Skelly Hearing

The appointing authority, or a designee who has authority to amend the discipline, shall

be the hearing officer at the informal “Skelly” hearing. Upon consideration of all materials and

discussions presented at the hearing, the appointing authority, or designee, may determine to

uphold, modify, or revoke, the proposed disciplinary action.

19.6. Order of Disciplinary Action

If the employee does not respond to the notice of intent within the prescribed

time limits, or if, after hearing, the appointing authority determines that disciplinary action is

appropriate, the appointing authority shall submit to the employee a written order of

disciplinary action. The order shall state the proposed action, the reasons for the action, and

the employee's rights of appeal.

19.7. Appeal of Order of Disciplinary Action

The employee, within seven (7) calendar days after the order is furnished to the

employee, may appeal the order in writing to the Director of Labor Relations. The

employee, in making the appeal, shall designate in writing whether the matter will be heard

by the Civil Service Commission or whether the matter will be submitted to binding

arbitration. In accordance with the provisions of Civil Service Rule 18, selection of one

appeal method shall exclude the possibility of appeal through the alternate procedure on the

same issue.

Appeal and arbitration hearings shall be conducted in accordance with Civil Service

Rule 18.

20. SUPERSESSION AND MODIFICATION CLAUSE

Except as may hereinafter be agreed to in writing, and except for the San

Joaquin County Employer-Employee Relations Policy, this Memorandum of Understanding

contains the sole and entire agreement between the parties. It supersedes any and all other

previous Memoranda of Understanding between the parties and incorporates by reference all